Module 1: Review Questions

• • What is one key characteristic of ‘law’ and what is its significance?
  • One key characteristic of law is its enforceability. The significance lies in the fact that laws are not mere recommendations or guidelines; they are rules that carry the authority of the state and can be enforced through various means, including legal sanctions. This enforceability contributes to maintaining order, resolving disputes, and upholding societal norms.
• What is the role of the constitution within a legal system?

  • The constitution serves as the fundamental and supreme law of a legal system. It establishes the framework for the government, defines the distribution of powers, outlines fundamental rights, and sets the structure for other laws. It acts as a foundation, providing the legal basis for the creation and interpretation of other laws within the jurisdiction.
• How do the different sources of law relate to the three branches of the state?

  • The legislative branch creates statutory law, the executive branch enforces laws, and the judicial branch interprets laws. Legislative sources include statutes and regulations, executive sources involve orders and decrees, and judicial sources comprise case law and precedent. The three branches work together to ensure a system of checks and balances, preventing any single branch from exerting unchecked power and maintaining the rule of law.
• What is the difference between historic and teleological interpretation of law?

  • Historic interpretation focuses on the original intent and historical context of legal provisions. Teleological interpretation, on the other hand, looks at the purpose or goal behind the law. While historic interpretation aims to understand the law as it was intended at the time of creation, teleological interpretation considers how the law's purpose applies to contemporary circumstances. Both approaches help in legal analysis and decision-making.
• What is the role of checks and balances from a legal perspective?

  • Checks and balances ensure that no single branch of government becomes too powerful and that each branch operates within its constitutional limits. This legal principle prevents abuse of power, protects individual rights, and promotes accountability. For example, the legislative branch can check the executive by approving or rejecting appointments, the executive can check the legislature through the veto power, and the judiciary can review the constitutionality of laws.
• What is the difference between natural and positivist law?

  • Natural law posits that there are inherent, universal principles of morality and justice that form the basis of all valid laws. Positivist law, in contrast, asserts that the validity of laws comes from the authority of the state. Natural law looks at the moral content of laws, while positivist law focuses on their source. Natural law suggests a connection between law and morality, whereas positivist law separates law from moral considerations.
• How can one understand ‘justice’ (name one example and explain it)?

  • One way to understand justice is through the concept of "restorative justice." Unlike punitive approaches, restorative justice focuses on repairing harm caused by a crime and reconciling the parties involved. An example is a victim-offender mediation program, where a trained mediator facilitates a dialogue between a victim and an offender, allowing them to discuss the impact of the crime and agree on restitution or other measures to address the harm. This approach aims to restore relationships and promote healing.